Accomplices
Updated 06/11/07
- Code for Crown Prosecutors - Considerations
- The Law
- Charging Practice
- Procedure - pre-trial
- Useful Links
Code for Crown Prosecutors - Considerations
As a general rule, subject to the sufficiency of evidence and the public interest stages of the Code Test, accomplices should be prosecuted.
Accomplices are not competent witnesses for the prosecution where charged in the same proceedings. They may however become competent witnesses if dealt with as described below > see Calling accomplices as prosecution witnesses.
Where the evidence of an accomplice is to be used, there is no requirement in law for the judge to give the jury a warning about it. However, the judge has discretion to give a direction where he thinks it is advisable to do so. The Judicial Studies Board has provided a specimen direction at http://www.jsboard.co.uk/
The Law
There is no formal definition of the term "accomplice".
The House of Lords has recognised the following as being accomplices, and that the three classes should not be extended:
- a person who takes part in the offence, or who aids, abets, counsels or procures its commission;
- a handler at the trial of the actual thief;
- parties to crimes, identical in type to the offence charged, evidence of which has been admitted as proving system and intent and negativing accident. (Davies v DPP [1954] AC 378)
An accomplice must be capable in law of committing the offence, e.g. a child under 10 years old can never be classed as an accomplice.
Charging Practice
There are occasions when it may be appropriate not to bring proceedings against an accomplice, even though there is sufficient evidence. For example, the offence might be serious and the involvement of the accomplice may be minor.
There may also be circumstances where it is in the public interest to use an accomplice as a prosecution witness rather than prosecute him or her. Where this is contemplated, the application of sections 71 to 75 of the Serious Organised Crime and Police Act 2005 must be considered <refer to Witness Immunities and Undertakingselsewhere in this guidance >
Procedure - pre-trial
Internal Referral Requirements
A decision not to prosecute an accomplice on public interest grounds and to call him or her as a witness should be taken by the CCP or a prosecutor of at least Level E to whom this power has been specifically delegated.
Assisting offenders (i.e. those who agree to give evidence for the prosecution) should normally do so pursuant to a written agreement with a specified prosecutor; <refer to Witness Immunities and Undertakings, elsewhere in this guidance>
Calling Accomplices as Prosecution Witnesses
The evidence of an accomplice may be useful in the following situations:
- to corroborate other witnesses on minor or peripheral issues;
- to provide direct evidence on a point in respect of which the other available evidence is circumstantial;
- to corroborate other evidence which in law requires corroboration or where a corroboration warning would be given;
- where the absence of a witness may cause comment.
Before an accomplice can give evidence for the prosecution, he or she must have never been charged in the proceedings or, if charged, must have:
- pleaded guilty;
- been acquitted; or
- had the case against him/her discontinued.
See <Archbold [2007] 4-193>.
An accomplice should normally make a witness statement before giving evidence. It should not be signed, if he or she is also being prosecuted, until a guilty plea has been entered. A draft may, however, be prepared beforehand.
There is no rule that an accomplice should be sentenced before he or she gives evidence. <Archbold [2007] 4-195>. That is a matter for the discretion of the trial judge.
An accomplice who is called to give evidence who has not previously been required to plead guilty to his own part in the offence(s) may incriminate himself or herself in the course of their testimony. Where this happens and either (a) he has been treated by the prosecution as a witness and told he will not be prosecuted, or (b) he has been a party to a written agreement under section 72 (restricted use undertaking) of the Serious Organised Crime and Police Act 2005, this fact should be drawn to the attention of the court. The court can be told that the witness will not be prosecuted on the strength of truthful evidence that he or she gives in the trial.